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Asylum Lawyers London

How to Stay in the UK Under Asylum Law

There are many reasons why people need to leave their home country, it could be due to war, violence, natural disasters, or general risks to their safety. When someone has to flee their country due to serious risk to their lives and their government is not able to protect them, they are considered a “refugee.” Whereas, an asylum seeker is someone who has not been legally recognised as a refugee but is looking for protection.

In the UK, if someone is fleeing a country as a result of serious risk to them, they will need to apply for asylum if they want to remain protected in the UK.

Who Can Claim Asylum in the UK?

Refugees have a right to international protection and must therefore be given the opportunity to seek safety and security in other safe countries.

You can claim asylum if you are not able to live in any part of your home country due to fear of severe mistreatment or persecution which may happen as a result of your race, religion, nationality, political opinion, or another reason that may place you at risk of harm such as your sexual orientation.

In order to claim asylum, you must not be able to get any protection from your home government or authorities.

What Could Affect My Application for Asylum?

Under asylum law, your claim may be affected if you have connections with another safe country where you could claim asylum. For example, your asylum claim is likely to be refused if you are coming from an EU country or have travelled through a third-party country that is considered to be safe before you got to the UK. A safe third-party country is one that you are not already a citizen of and where you would not be harmed.

It is advised that you apply for asylum as soon as you feel you are in danger. This could be as soon as you arrive in the UK at a port or border. If you do not apply for asylum as soon as possible, you will need to provide evidence of why you did this. The chances are that the Home Office may refuse your application if they think that you are not really in immediate danger.

The Process of Applying for Asylum

If you are in the UK or have fled from your home country or the country in which you live and are in danger if you return, you should apply for asylum as soon as possible.

Step 1: Register Your Asylum

Before anything else, you must register your asylum which means having a screening meeting with an immigration officer where you will tell them about your situation.  If you are claiming asylum as soon as you arrive at the UK border, the screening meeting will take place at the border.

During this screening, you will be photographed and have your fingerprints taken. You will then have a meeting with the immigration officer who will ask you questions about who you are, where you are from, and why you are claiming asylum.

On the other hand, if you are already in the UK when you claim asylum, you will need to call the asylum intake unit. They will ask simple questions about you and your family. After this, you will need to go to an appointment with the asylum intake unit where you will be screened and where you can provide any documentation to support the claim.

Step 2: Complete a Preliminary Interview Questionnaire (PIQ)

During your registration, you will be asked to complete a preliminary interview questionnaire (PIQ) which is used to help you explain why you need protection.

Step 3: Your Case Is Reviewed and You Are Sent an ARC Card

Once you have been screened, your case will be reviewed by the Home Office to decide whether your case is eligible for the UK. The Home Office will send you an Asylum Registration Card (ARC) as confirmation that you have applied for asylum which will include details such as whether you are able to access things like educational services or apply for a job.

If the Home Office decides that your case can be considered in the UK, then it will be passed on to a case worker who will decide the outcome of the claim. If your case cannot be considered in the UK, then you will be sent to a safe third-party country.

Step 4: Attend an Asylum Interview With the Caseworker

Once your case has been passed to a caseworker, they will interview you. During the interview, they will ask detailed and difficult questions about your experiences in your home country and why you are scared to return. You should bring any evidence that you have to support your answers.

Step 5: A Decision Is Made

After the interview, the caseworker will make a decision within around 6 months or longer. They will consider your interview statements and documentation submitted and the circumstances surrounding your claim.

Step 6: Receive a BRP Card

If your application is approved and you are granted status (permission) to remain in the UK, you will be given a biometric residence permit (BRP). This card will be used to prove that you have claimed asylum in the UK. You will need to it rent a home or get a job.

Do You Need Help With Your Asylum Application?

Applying for asylum can be a very daunting process, especially if you have come from situations where your life has been endangered. You may find it difficult to talk about what you have experienced and may be unable to communicate this effectively.

At Mergul Law, we provide support and guidance for those seeking asylum. Our team of asylum law experts speak multiple languages including Azeri, Persian, Polish, Lithuanian, Punjabi, Russian, Turkish, Kurdish, Urdu, Hindi and English.

We are accustomed to the Home Office rules and regulations and understand that they can be confusing. Our clients find that with our help, they feel secure in making applications and getting favourable outcomes.

If you need help with an asylum application, please contact us today to see how we can help you.

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